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Harvey Weinstein Could Still Face Prosecution For Rose McGowan Rape Thanks To Legal Loophole

| Filed under: Icky Icky PooLegal MattersRose McGowanSundance Film Festival

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We knew Harvey Weinstein could still be looking at charges in the U.K., where there is no statute of limitations on rape, but it turns out there is a legal loophole that could require him to face allegations stateside.

Specifically, accusations by Rose McGowan that the Miramax head raped her.

The assault was alleged to have occurred at the Sundance Film Festival in 1997. At the time in Utah, the statute of limitations on rape was only four years.

Even though that law was changed in 2008, the U.S. Supreme Court has upheld that dead cases must stay dead for logistical reasons, sort of a grandfather clause for monsters.

Related: All 45 Women Who Have Accused Harvey Weinstein So Far

But here's where there is a possibility — Utah, like most states, has a policy of stopping the clock on the statute of limitations when the defendant is out of the state.

In other words, the four years had to have passed while Harvey was still in Utah. He wasn't there for four years between 1997 and 2008, as he doesn't live there, so there is legal precedent for the case moving forward.

Obviously, there are other considerations like legal challenges to whether this case fits the letter of the law, not to mention evidence in a case 20 years cold. But it could be possible.

According to The Hollywood Reporter, authorities in Park City have not received an official complaint from Rose. Yet.

[Image via Hoo-Me.com/Media Punch.]

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